The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER DENYING AS MOOT PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT

On May 1, 2011, Plaintiff Aaron Liebelt filed a motion seeking entry of final judgment 23 pursuant to FRCP 54(b) in favor of Defendant Quality Loan Service Corporation ("Quality"). This 24 matter was set for hearing on August 11, 2011. Under Civil Local Rule 7-1(b), the Court finds this 25 matter suitable for determination without oral argument and hereby VACATES the August 11, 26 2011 hearing.

Plaintiff moves for entry of final judgment of his Fair Debt
Collection Practices Act
(FDCPA, 15 U.S.C. §§ 1692, et seq.) claim against Defendants Quality
and EMC Mortgage
Corporation. This claim had been dismissed with prejudice by Judge
Ware, to whom this case was 2 previously assigned, on April 15, 2010.
On February 8, 2011, this Court dismissed the remainder 3 of
Plaintiff's federal claims with prejudice and remanded the remaining
state law claims to the 4
Recently, the Ninth Circuit held that a district court's order
dismissing all federal claims
and remanding the remaining state law claims is a final order for
purposes of appeal to the federal 7 courts of appeal under 28 U.S.C. §
1291. Harmston v. City and County of San Francisco, 627 F.3d 8
Superior Court for Santa Clara County.

1273, 1278-79 (9th Cir. 2010). In light of Harmston, this Court's February 8, 2011 Order 9 dismissing all federal claims and remanding the remaining claims to state court constitutes a final 10 order permitting Plaintiff to seek an immediate appeal from the Ninth Circuit, once a separate document setting forth the judgment is filed or 150 days have passed.*fn1 Harmston, 627 F.3d at 1279. Consequently, Plaintiff's motion for entry of judgment in favor of Quality and for 13 permission to seek an immediate appeal is DENIED as moot.

IT IS SO ...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.